Title IX is a federal civil rights law passed as part of the Education Amendments of 1972. It prohibits sex-based discrimination in educational programs or activities that receive federal financial assistance.
In addition to sex-based discrimination, Title IX prohibits sexual harassment, assault and gender-based violence in schools and colleges. The law requires institutions to take appropriate action to prevent and address such matters, ensuring all students have equal access to educational opportunities.
Since its passage, Title IX has undergone significant shifts as a result of regulatory changes and, at times, legal interpretations. Recently, in April 2024, the United States Department of Education amended the Title IX regulations, following previous amendments adopted in 2020. The changes included, among other things, prohibiting discrimination based on sexual orientation, gender identity, pregnancy, and parenting status; broadening the definition of sexual harassment to include more forms of sex-based harassment; requirements for schools to provide supportive measures and resources to victims; and reducing the mandate for live hearings and cross-examinations in some cases.
Several states sought to block implementation of the 2024 Title IX regulations by filing lawsuits. These states argued that the regulations exceeded the federal government’s authority and infringed upon state rights. The injunction was granted in the summer of 2024, and it resulted in the U.S. Department of Education being prohibited from enforcing the 2024 Title IX regulations against the complainant state schools, and any schools attended by current and prospective members of Young America’s Foundation or Female Athletes United and their minor children, as well as schools attended by the minor children of both current and prospective members of Moms for Liberty. These groups were expressly included in the injunction because they participated in the initial litigation. For these impacted schools and groups, the 2020 Title IX regulations remained in effect but, for all others, the 2024 Title IX regulations remained effective.
However, on Jan. 9, 2025, the United States District Court for the Eastern District of Kentucky vacated the 2024 Title IX regulations in a case titled Tennessee v. Cardona. Essentially, the court found that 2024 Title IX regulations exceeded the department’s authority by implementing changes to Title IX that were not directly authorized by Congress. The court found that the regulations were inconsistent with the text of Title IX, and the statutory intent behind the law. The court further found that the challenged provisions so thoroughly permeated the regulations that even the unchallenged provisions needed to be vacated.
Although there were some initial questions on the impact of this decision, the vacatur was largely interpreted to mean that all schools and institutions need to operate under the 2020 Title IX regulations instead of the new 2024 Title IX regulations. To this end, on Feb. 4, 2025, the department issued a “Dear Colleague” letter to K-12 schools and institutions of higher education, advising educators and administrators that the Department’s Office for Civil Rights will only enforce the 2020 Title IX regulations. The Feb. 4, 2025, “Dear Colleague” letter is available here.
Accordingly, NJSBA encourages all boards to speak with board counsel to determine how best to rescind or revise current policy to align/realign with the 2020 Title IX regulations, and how to address any Title IX complaints that occurred between August 2024 and Jan. 9, 2025. NJSBA’s Policy Department is available to provide assistance with policy questions, and NJSBA’s Legal Department will continue to monitor this issue and provide updated information and resources as they become available.
